North Myrtle Beach · Probate & Trust

Selling an Inherited Home in North Myrtle Beach, SC

Clear guidance for an executor or trustee selling a property, handled properly from the first step to closing.

A Note Before You Read

This page is general information about selling a home from an estate or trust in South Carolina. It is not legal advice. Who may sell, and how, depends on the will, the trust document, and the court, so please talk with the estate attorney before you act. I am a real estate professional, not a lawyer, and my part is the sale itself.

Selling an Inherited House in North Myrtle Beach: Start With the Court

Selling an inherited house in North Myrtle Beach starts with the court. In South Carolina, the probate court has exclusive original jurisdiction over decedents' estates, and the estate is opened in the county where the owner was domiciled, or, if they lived outside South Carolina, in a county where they owned property. For an owner who lived in Horry County, that is the Horry County Probate Court. Unless the will authorizes it, a personal representative generally may not sell the estate's real property except under the procedures the probate code sets out. A trustee's authority usually comes from the trust document. Local to Coastal Realty asks for that proof before listing, and so will the closing attorney.

A Beach Property That Was Rented

If the property was rented to guests, ask the estate attorney and the management company how future bookings and guest deposits are handled, who reports the gross rental receipts on the city's business license, and how the accommodations taxes owed to the city, county, and state get filed until the sale. The license will not transfer to a buyer. Meanwhile, keep the insurance in force on a vacant property, keep flood and wind and hail policies paid, and have someone check it after storms. I can be your eyes on it.

Estate Rules That Help

South Carolina's disclosure law does not apply to a transfer by a fiduciary in the course of administering a decedent's estate or a trust; the attorney confirms whether your sale qualifies. A deed of distribution passing the property to an heir under the probate code is not subject to the deed recording fee, while a sale to a buyer carries $1.85 per $500 of value, $1,850 on a $500,000 sale. If the property was the owner's legal residence and no one lives there now, ask how the 4 percent rate is affected, because other property is assessed at 6 percent.

As-Is, the Basis, and Disagreements

We compare the as-is price, the after-repair price, and the repair costs and time. For tax purposes, an inherited house generally takes a basis equal to its fair market value on the date of death, or the later alternate valuation date the personal representative chooses, according to IRS Publication 523. When heirs disagree, the estate attorney decides how it is resolved, and every heir gets the same comps from me. See what your North Myrtle Beach home is worth and selling your home in North Myrtle Beach, and call me when you are ready.

Frequently Asked Questions

Which court handles probate for a North Myrtle Beach property?

It is the probate court in the county where the owner was domiciled. For an owner who lived in Horry County, that is the Horry County Probate Court. For an owner who lived outside South Carolina, it can be a county where they owned property.

Can the estate keep renting the property until it sells?

Ask the estate attorney. If it does, someone has to handle the city's rental business license, the accommodations taxes, and the bookings, and the license will not transfer to the buyer.

Is there a deed fee if the property goes to an heir instead of being sold?

A deed of distribution to an heir under the probate code is not subject to South Carolina's deed recording fee. A sale to a buyer is.

North Myrtle Beach

What probate & trust looks like in North Myrtle Beach

The birthplace of the shag, the Cherry Grove Pier, Barefoot Landing, and Local to Coastal Realty's coastal office.

North Myrtle Beach was formed in 1968 when Cherry Grove, Windy Hill, Ocean Drive, and Crescent Beach joined together, and it is the birthplace of shag dancing, South Carolina's official state dance.

Barefoot Landing sits on the Intracoastal Waterway with more than 75 specialty shops, the House of Blues, and the Alabama Theatre, and the Cherry Grove Pier extends 985 feet into the Atlantic.